New Human Rights Titles from Hart Publishing

by | Mar 21, 2018

20% discount for readers of the Oxford Human Rights Hub!

Please order through the Hart Publishing website

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Detention of Terrorism Suspects

Political Discourse and Fragmented Practices

Maureen Duffy


Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada.

This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK.

Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.

Maureen Duffy is Assistant Professor of Law at the University of Calgary.

February 2018   |   9781849468640   |   320pp   |   Hardback   |    RSP: £70

Discount Price: £56

Also available in eBook format!

Click on the link below to order online – use code HRBLOG at the checkout to get your 20% discount:


Women, Poverty, Equality

The Role of CEDAW

Meghan Campbell

The stark reality is that throughout the world, women disproportionately live in poverty. This indicates that gender can both cause and perpetuate poverty, but this is a complex and cross-cutting relationship.The full enjoyment of human rights is routinely denied to women who live in poverty. How can human rights respond and alleviate gender-based poverty? This monograph closely examines the potential of equality and non-discrimination at international law to redress gender-based poverty. It offers a sophisticated assessment of how the international human rights treaties, specifically the Convention on the Elimination of Discrimination Against Women (CEDAW), which contains no obligations on poverty, can be interpreted and used to address gender-based poverty. An interpretation of CEDAW that incorporates the harms of gender-based poverty can spark a global dialogue. The book makes an important contribution to that dialogue, arguing that the CEDAW should serve as an authoritative international standard setting exercise that can activate international accountability mechanisms and inform the domestic interpretation of human rights.

Meghan Campbell is a Lecturer in Law at the University of Birmingham and Deputy-Director of the Oxford Human Rights Hub.

February 2018   |   9781509909742   |   328pp   |   Hardback   |    RSP: £60

Discount Price: £48

Also available in eBook format!


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Obstacles to Fairness in Criminal Proceedings

Individual Rights and Institutional Forms

Edited by John D Jackson and Sarah J Summers

This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings.

The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in ‘constitutional’ terms – the protection of defence rights is necessary to restrict and legitimate the state’s mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are ‘fair’ or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.

John D Jackson is Professor of Comparative Criminal Law and Procedure, School of Law, University of Nottingham.

Sarah J Summers is Professor of Criminal Law, Criminal Procedure and Criminology, Faculty of Law, University of Zurich.

March 2018   |   9781782258353   |   344pp   |   Hardback   |    RSP: £85

Discount Price: £68

Also available in eBook format!

Click on the link below to order online – use code HRBLOG at the checkout to get your 20% discount:


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Hart Publishing Ltd. is an Imprint of Bloomsbury Publishing plc


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